Legal Opinion · Dissent

Second National Bank v. Brewer

Appellate Court of Illinois

Decided January 17, 1973No. 11591Published

1Dissent

Mr. PRESIDING JUSTICE TRAPP

dissenting:

I must dissent from the principal opinion for the reason that it does not take into account the particular characteristics of the instrument, but considers that it “should be treated as other bank deposits, checking accounts or savings accounts”, upon the authority of In re Estate of White, 4 IE.App.3d 505, 282 N.E.2d 235.

The instrument involved was in words and figures as follows:

“CERTIFICATE OF DEPOSIT

Rankin State Bank No. 01717

70-2221

Rankin, IEinois 7-3-67

—Amos Baxter or Frank Brewer or Carrie Brewer — has deposited in this bank as joint tenants with…

2Cases cited2 opinions

  1. Frey v. WubbenaIllinois Supreme Court · 1962
  2. In Re Estate of WhiteAppellate Court of Illinois · 1972

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